TAKEN FROM RIVER

Waihi Daily Telegraph, Volume XXXI, Issue 8838, 30 October 1942, Page 3

TAKEN FROM RIVER

VALUABLE LOGS FARMER BEFORE COURT INCIDENT AT NETJIERTON KAURI LOGS ADRIFT IN WAIHOU Charged with, stealing six kauri logs of a total value of £174 7s 6d the property of Messrs Leyland O'Brien Timber,,Go., Ltd., Leonard Fisher, farmer, of Netherton, appeared in the Paeroa-Court on Friday before Messrs B. Gwilliam Srr., and W. F. Johnstone, J’sjP. The charges were that on August 26 he did steal three kauri logs valued at £Bl ss, on August 16he did steal one kauri log valued at £2O 12s 6d and on June 13 he did steal two kauri logs valued ajt £72 10s. Detective' A. Moore prosecuted while Fisher, who was represented by Mr R. S. Carden, pleaded not guilty. Andrew John Watt Sterling, of Parawai, Thames, bush foreman in the employ of Leyland O’Brien Timber Co., Ltd., sawmillers and timber merchants of Auckland, stated that he purchased timber for milling for his company which he later dispatched either by scow or raft to Auckland. Some three years ago he' purchased some kauri trees for his firm from Messrs Clark Bros., of Puriri and in September, 1941, commenced to fall them, later carting the logs to the Waihou river. Rafts were made -of the logs on the river bank which were later loaded onto scows. On May 25 he had a raft of 13 logs moored to the Puriri wharf and during rough weather which followed the raft broke adrift and four logs separated from the raft.

He made a search of the river but only found two of them. The missing logs were branded in several places each end with the letters L. 0.8. These brands were cut into the logs about a sixth of an inch. Numbers were also cut into the logs, but these .were rather hard to see because of the fine point on the tool. He kept a record of the numbers of all logs together with their dimensions. One of the logs missing on May 28 was No. 32, being 14 feet long and 19 feet' 7 inches in girth, which he valued at £sl 10s as it was a dry Kauri log. The other log was No. 46 and was 28 feet long with a girth of 8 feet, which he valued at £2l. Both logs were branded L. 0.8.

On June 24 he had another raft moored at the junction of the Kirikiri and Waihou. rivers containing 32 kauri logs. Again rough weather caused logs to break adrift. These logs would drift up and down the river with the tide.

Mr R. S. Carden objected to this evidence contending that it was merely an expression of opinion. The objection was noted. Sterling, said that from his experience as a bushman the logs would certainly drift up and down the river with the tide. Four logs were adrift on this occasion and he made a search of the river for them, finding three, one near Turua on the river bank, another above IPuriri which he made secure and a third was found below Kopu bridge. When he later went to collect these logs the one near Puriri and the one near Turua were missing. These logs were clearly branded similar to the others. The log taken from Turua was a green kauri 21 feet long, 9 feet 6 inches in girth branded No. 54 and he valued it at £2O 12s 6d. The log from Puriri was 14 feet long with a 14 foot girth, the number being 44. He valued it at £3o' iss. On or about June 27 two more lpgs were found to be missing from Kirikiri. One of. these logs, No. 11, was 22 feet long with a 9 feet 7 inches girth. He valued the logs at £22 10s. The other log, No. 14, was 18 feet long with an 11 feet 10 inches girth and he valued it at £2B. Both these logs were branded on the ends L. 0.8. He was never able to trace any of these six logs although he searched the Waihou and Kirikiri rivers. No person had any authority to remove these logs from the river. Although he knew the Netherton, Puriri and Turua districts, he knew of no large kauri trees growing there. During his search for the logs together with Constable J. L. Brown of Paeroa he visited Mr J. H. Evans’ mill at Paeroa where he saw seven flitchettes of kauri which he measured. There was also a quantity of sawn kauri in the yard which had all been recently sawn. On the end of one of the flitchettes he saw a number 4 and together with the constable he cut the end of the flitchette off (produced in court). The number 4 had been cut by him and was portion of the No. 54 which he had put on a 20ft. kauri log. On inspecting the sawn timber he saw fresh axe marks on the end which would have been done while the timber was still in the log. When be last saw the logs on the bank the ends were clean.

On examining a piece of sawn timber in court which had the axe marks in the end he pointed out the letter B -which he said was portion of the brand L. 0.8. which he had put on the log. A further two ends of boards with fresh axe marks were produced, witness stating that in his opinion the marks were made to deface the brand. He said he did not know accused who had no authority to deal -with the logs. Witness had never sold any logs to, Mr Evans. To Mr Carden witness said he knew it as an absolute fact that the brand No. 4 was part of the 'brand 54 which he had put on a log. James Harvey Evans, sawmiller of iPaeroa, stated that he was mainly engaged on cutting .pinus insignus secured about Paeroa and Waihi although at times he . cut other timber. He - said he had known accused for a number of years. Accused lived at Netherton and had with others been engaged in the cutting and selling of timber.

:x • On June 13 last accused called on

witness at the mill and asked turn if he was open to buy some kauri logs. He replied yes, at a price. Accused did not state how Many logs he had for sale.- ' He, witness, offered accused 15s per 100 feet log measurement which he accepted. Accused had said the logs would be delivered in the'Waihou river. He later went to the river and took possession of the logs, buying two on the first occasion. One log which was too big- for the lorry had been split in half when he called for it. One log was 14 feet long with 21 feet girth while .the other was 28 feet long with a girth of 8 feet 4 inches. For these he paid accused £45 by cheque. Later on August 16 he collected a'further log 14 feet long with a 14 feet girth from the same place for which he paid accused £l6 9s 3d by cheque. On August 26 he purchased three more logs from the accused for which he paid £37 6s 6d, giving a cheque for £l6 6s 6d and later-another cheque for £2l. He had now stopped paynient of the last cheque. The measurements of the last three logs were 22 feet long with a 9 feet 7 inches girth, 18 feet long with an 11 feet 10 inches girth and 20 feet with a 9 feet 2 inches girth. When he took possession of the logs they were covered in mud and wet. He had now cut all the logs up. The axe marks on the exhibits had not been done by witness or any of his staff. The marks must have been on before he took possession"of them. Due to the thick mud he did not see the marks. Very often a stone gets into the log-and has to be cut out. He had seen axe marks in timber brought into the mill. A lot of the kauri in question now it had dried out showed axe marks.

After the police had been at the mill he called on the accused and asked him what the position was. Accused had stated that he understood the logs had come in on the tide from out in the Gulf and that he was entitled to them as much as anyone else or words to that effect. Accused admitted taking the logs from the river.

To Mr Carden he said he had regarded the transaction as one sale.

Constable J. L. Brown of Paeroa stated that on August 29 as the result of a complaint from Sterling regarding missing kauri logs, he had made an inquiry at the mill of Mr J. H. Evans. At the mill he saw a quantity of kauri timber, one piece bearing a mark as described by Sterling in his evidence. Constable Brown gave similar evidence as Sterling regarding axe marks on pieces of sawn timber. The axe marks seemed of fairly recent origin but it was obvious that they had been cut in the log and not in the board after it had been sawn into timber.

On September 2. he was present with Detective Moore when Fisher made a statement in writing admitting that he had taken the logs from the Waihou river.

To Mr Carden Constable Brown stated that he had been unable to find the mate to the brand number. Detective A. Moore of Hamilton stated that as a result of a complaint regarding six kauri logs being missing he made enquiries and on September 2 in company with Constable Brown he interviewed accused at Kerepeehi. After accused had 'been duly warned he made a statement which he produced. Accused in the statement said he had sold the logs from the river to Mr Evans. He saw the logs floating into the river and with a* canoe pushed them into the bank. He had a fair look for. brands but could find none. He sold the logs to Evans. Later he saw another log coming down the river towards Thames and he secured it and sold it to Mr Evans. Still later he saw three more logs in the river and secured them and sold them .to Mr Evans. He could see no marks on the logs and did not make enquiries as to ownership. He denied cutting the end of the log.

Defence was reserved, accused being committed to the Supreme Court at Hamilton for trial. Bail was fixed at £2OO.